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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4363746 (AHM 0151277)
Regular
Oct 17, 2011

MARGARITA MENDOZA vs. RALPH'S GROCERY

This order dismisses Margarita Mendoza's Petition for Reconsideration in her workers' compensation case against Ralph's Grocery. The Appeals Board adopted the administrative law judge's report, finding the petition untimely. Even if timely, the Board would have denied the petition on its merits based on the judge's reasoning. Therefore, the petition for reconsideration is dismissed.

Petition for ReconsiderationDismissal OrderWorkers' Compensation Appeals BoardWCJ ReportUntimely PetitionMerits DenialRalph's GrocerySelf-insuredADJ4363746AHM0151277
References
0
Case No. ADJ1526910 (LAO 0881311) ADJ1183697 (LAO 0881312)
Regular
Apr 14, 2017

MARGARITA GIUSTRA vs. PRIMARY PROVIDER MANAGEMENT, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, DELOS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Delos Insurance Company's petition for reconsideration. The Board adopted the arbitrator's report, which found that a prior Compromise and Release agreement between the applicant and Delos Insurance Company only settled a specific injury, not the continuous trauma claim. This decision allowed National Liability and Fire Insurance Company's petition for contribution against Delos Insurance Company for a portion of benefits paid for the continuous trauma injury. The arbitrator also determined that prior conflicting judicial decisions did not bar Delos Insurance Company from being joined in the contribution proceedings.

Workers Compensation Appeals BoardMargarita GiustraPrimary Provider ManagementNational Liability and Fire Insurance CompanyDelos Insurance CompanyADJ1526910ADJ1183697Petition for ReconsiderationArbitrator's ReportCompromise and Release
References
7
Case No. ADJ9400192
Regular
Oct 08, 2015

MARGARITA SANCHEZ vs. CITY OF SANTA BARBARA

In Sanchez v. City of Santa Barbara, the Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration. This decision was made to allow the WCAB sufficient time to thoroughly review the factual and legal issues presented in the case. The WCAB aims to ensure a just and reasoned outcome after further study and potential proceedings. All future correspondence regarding the petition must be filed directly with the WCAB Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardADJ9400192City of Santa BarbaraJT2 Integrated ResourcesStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)
References
1
Case No. ADJ6817273
Regular
May 11, 2015

MARGARITA RODRIGUEZ vs. TARGET CORPORATION, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) denied Target Corporation's petition for removal to the WCAB. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration is inadequate. The WCAB found that Target failed to demonstrate either of these conditions, adopting the Workers' Compensation Judge's (WCJ) reasoning that the defendant was properly served with notice of the hearing. The Board also admonished defense counsel for failing to include their bar numbers on the petition.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationWCJ reportlien conferenceDeclaration of Readinessnotice of hearinge-mail service
References
2
Case No. ADJ1524371 (LAO 0820886) ADJ4006816 (LAO 0820887)
Regular
May 13, 2015

MARGARITA CRUZ vs. BRITISH HOME OF CALIFORNIA, BROADSPIRE SACRAMENTO

A lien claimant, Max MRI Imaging, Inc., sought reconsideration of a prior order that awarded it $2,300.00. The claimant argued it did not stipulate to the order and did not waive certain statutory requirements. The WCAB denied reconsideration, adopting the WCJ's report. The WCAB found the petition timely despite a defective service, but ultimately denied it on the merits.

Lien claimantPetition for ReconsiderationStipulations and OrderWorkers Compensation Appeals BoardWCJLabor Code section 5313personal servicedefective servicewrit denmerits
References
1
Case No. GRO 034460
Regular
Feb 15, 2008

MARGARITA SALAS vs. RANCH HARVEST, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed an award of additional temporary disability benefits. The Board found that the applicant's claim for temporary disability indemnity for the period of February 10, 2007, through March 20, 2007, was barred by Labor Code section 4656(c)(1) as it fell outside the two-year limitation from the first payment of temporary disability on December 21, 2004. The Board also corrected a clerical error in the administrative law judge's decision heading.

Workers' Compensation Appeals BoardMargarita SalasRanch HarvestState Compensation Insurance FundGRO 034460Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Awardoccupational group 221industrial injury
References
3
Case No. ADJ7680626
Regular
Dec 23, 2013

MARGARITA SALMERON vs. SHELTER FROM THE STORM, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration. The petition was filed 37 days after the WCJ's Order dismissing the lien for failure to pay the activation fee, exceeding the 25-day jurisdictional deadline. Despite the WCJ's recommendation to grant reconsideration based on timely payment of the fee, the Board lacked jurisdiction due to the untimely filing. Therefore, the underlying order dismissing the lien stands.

Lien activation feePetition for reconsiderationUntimely filingLabor Code section 4903.06WCJ orderDismissalJurisdictionOfficial Address RecordService by mailAppeals Board
References
8
Case No. ADJ3034438 (SFO 0473421)
Regular
Jun 13, 2014

MARGARITA NAVARRO vs. ATC/VANCOM. INC.; U.S. FIDELITY AND GUARANTY

This case involves a defendant's petition for reconsideration of an award for industrial injury to the applicant's hands, elbows, shoulders, neck, and psyche. The defendant argued the medical opinion relied upon by the WCJ was insubstantial due to an inaccurate medical history and that apportionment of permanent disability and the finding of psyche injury were unsupported. The Board denied reconsideration, adopting the WCJ's reasoning that the petition lacked merit. However, one Commissioner dissented, arguing the WCJ improperly disregarded portions of a medical report on apportionment and that the record regarding psychiatric injury and permanent disability needed further development.

WCABPetition for ReconsiderationFindings & AwardIndustrial InjuryPermanent DisabilityFuture Medical TreatmentSubstantial EvidenceMedical OpinionInaccurate Medical HistoryApportionment
References
8
Case No. OAK 0293725
Regular
May 22, 2008

MARGARITA CHAVEZ vs. WESTERN NATIONAL PROPERTIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the initial denial of the lien claim by Bay Surgery Center (BSC). BSC's claim for facility fees was initially denied because it allegedly failed to prove it operated as an "outpatient setting" and thus was exempt from needing a fictitious business name permit. The Board found that BSC presented sufficient evidence of its "surgical clinic" license to meet its initial burden, thereby establishing it as an "outpatient setting" for purposes of the lien claim, and remanded the case for further proceedings on the reasonableness of the fees.

Workers' Compensation Appeals BoardLien claimantOutpatient settingFictitious Business Name permitSurgical clinic licenseDepartment of Health ServicesFacility feeMedical BoardLicensed physicianReasonable fee
References
9
Case No. ADJ6939683
Regular
Sep 03, 2013

MARGARITA ANGUIANO vs. COURTYARD BY MARRIOTT AT PASO ROBLES, CYPRESS INSURANCE COMPANY

Here's a summary for a lawyer: The Appeals Board dismissed the lien claimant's Petition for Reconsideration because the Notice of Intention to Dismiss Lien is an interlocutory procedural order, not a final order subject to reconsideration. The lien claimant failed to appear at the scheduled lien trial, prompting the Notice of Intention to Dismiss. The Board found the petition premature and lacking the required detail for reconsideration. The matter will return to the WCJ to consider sanctions against the lien claimant for the premature and deficient petition.

Notice of Intention to Dismiss LienLien ClaimantPetition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsProcedural OrdersSkeletal PetitionSanctionsCosts
References
7
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